# AFFARS PART 5317Special Contracting Methods

AFFARS LIBRARY

- PART 5317
  Special Contracting Methods

- SUBPART 5317.1 — MULTI-YEAR CONTRACTING

- 5317.106 Procedures.
- 5317.190 General.
- 5317.191 Congressional notification.

- SUBPART 5317.2 — OPTIONS

- 5317.204 Contracts.
- 5317.207 Exercise of options.

- SUBPART 5317.5 — INTERAGENCY ACQUISITIONS UNDER THE ECONOMY ACT

- 5317.500 Scope of Subpart.
- 5317.503 Determinations and Findings (D&Fs) Requirements.
- 5317.504 Ordering Procedures. See Informational Guidance at IG5317.504 for supplemental ordering procedures.

- SUBPART 5317.74 — UNDEFINITIZED CONTRACT ACTIONS

- 5317.7402 Exceptions.
- 5317.7404 Limitations. (No Text)

- 5317.7404-1 Authorization.
- 5317.7404-3 Definitization schedule.

- 5317.7406 Contract clauses.

- SUBPART 5317.78 — CONTRACTS OR DELIVERY ORDERS ISSUED BY A NON-DOD AGENCY

- 5317.7802 Policy.

- 5317.7802-1 Directed and Assisted Acquisitions.

- SUBPART 5317.95 — ASSOCIATE CONTRACTOR AGREEMENTS

- 5317.9500 Scope.

AFFARS LIBRARY
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| PART 5317 Special Contracting Methods [Revised May 31, 2007] |

SUBPART 5317.1 — MULTI-YEAR CONTRACTING

5317.106 Procedures.

See Informational Guidance at IG5317.1 for general guidance on how to use Multi-year Contracting to acquire supplies and services.

5317.190 General.

(a) Before entering into any multi-year contract, the contracting officer shall review current statute and other Congressional language for potential restrictions. The Congressional language is that language in the respective Appropriations Act that applies to their specific multi-year contract. Congress addresses, by separate line item, any multiyear contract and any special considerations they have identified. The Contracting Officer, Program Manager, and Buyer should be aware of any special considerations Congress applies via the Appropriations Act.

(b) Requirements.

(1) For non-space related programs and acquisitions, the ASAF(A) has the authority to enter into multi-year contracts which exceed any of the thresholds established in DFARS 217.170(d)(1), subject to the requirements of statute and higher regulation as outlined in FAR 17.1, as supplemented.

(2) For space related programs and acquisitions, the USECAF has the authority to enter into multi-year contracts which exceed any of the thresholds established in DFARS 217.170(d)(1), subject to the requirements of statute and higher regulation as outlined in FAR 17.1, as supplemented.

(3) The HCA has the authority to enter into multi-year contracts which are below the thresholds established in DFARS 217.170(d)(1), subject to the requirements of statute [see 10 U.S.C. 2306b(i)] and higher regulation as outlined in FAR 17.1, as supplemented.

5317.191 Congressional notification.

Contracting officers shall follow the Mandatory Procedures at MP5305.303 to prepare reports of intent to award a multi-year contract. This Congressional notification does not fulfill the requirement to announce contract awards in accordance with FAR 5.3, as supplemented.

(a) The contracting officer shall submit reports of intent to award a multi-year contract which exceeds any of the thresholds established in DFARS 217.170(d)(1) to SAF/AQCK 40 days before the planned contract award date, with an information copy to SAF/FMBI. SAF/AQCK will notify the DoD offices listed in DFARS 217.170(d)(4).

(b) An energy savings performance contract (ESPC) (see FAR 23.204) that includes an unfunded cancellation ceiling in excess of $10,000,000 shall not be awarded until the agency provides a 30 day advance written notification of the proposed contract and the cancellation ceiling for that contract to the appropriate authorizing and appropriating committees of Congress (see 42 U.S.C. 8287). The contracting officer shall submit reports of intent to award an ESPC to the MAJCOM Civil Engineering directorate 45 days prior to contract award. The MAJCOM Civil Engineering directorate shall forward the notification to SAF/AQCK to process the Congressional notification.

SUBPART 5317.2 — OPTIONS

5317.204 Contracts.

(e) The Life Cycle Management Plan (LCMP)/Single Acquisition Management Plan (SAMP)/Acquisition Plan (AP) approval authority has the authority to approve contract periods in excess of five years, unless otherwise restricted by statute. If a LCMP/SAMP/AP is not required, the contracting officer has the authority to approve contract periods in excess of five years, unless otherwise restricted by statue. For space related programs under the purview of National Security Space Acquisition Policy 03-01 (NSS 03-01), the acquisition strategy approval authority has the authority to approve contract periods in excess of five years, unless otherwise restricted by statute.
5317.207 Exercise of options.

(f) Before definitizing or exercising an NTE option, the contracting officer shall ensure that the effort covered by the NTE option has been synopsized in accordance with FAR 5.201 and a J&A that covers the effort has been approved.

SUBPART 5317.5 — INTERAGENCY ACQUISITIONS UNDER THE ECONOMY ACT

5317.500 Scope of Subpart.

See the Mandatory Procedure at MP5317.500 for Economy Act acquisitions.

5317.503 Determinations and Findings (D&Fs) Requirements.

See the Mandatory Procedure at MP5317.503 for D&F requirements and a D&F template.

5317.504 Ordering Procedures. See Informational Guidance at IG5317.504 for supplemental ordering procedures.

SUBPART 5317.74 — UNDEFINITIZED CONTRACT ACTIONS

5317.7402 Exceptions.

See Informational Guidance at IG5317.7402 when contracting for long-lead items initiated with advance procurement funds. Follow DFARS 217.74 when contracting for long-lead items procured with other than advance procurement funds.

(d) If procurement funds must be added to an undefinitized long-lead procurement contract issued with advance procurement funds prior to definitization, the contract is subject to the requirements contained in DFARS 217.74, as supplemented. The definitization schedule requirements established in DFARS 217.7404-3 shall begin when the procurement funds are obligated on the undefinitized long-lead contract, and the limitations on obligations established in DFARS 217.7404-4 shall apply to the combination of the previously obligated advance procurement funds and the added procurement funds.

5317.7404 Limitations. (No Text)
5317.7404-1 Authorization.

The HCA has the authority to delegate UCA approval authority without any limitations.
5317.7404-3 Definitization schedule.

See the Mandatory Procedures at MP5317.7404-3 for UCA approval authorities, reporting requirements and contracting officer file documentation.

5317.7406 Contract clauses.

Contracting officers shall insert the clause at 5352.217-9000, Long Lead Limitation of Government Liability, in all long-lead procurement solicitations and contracts initiated with advance procurement funds.

SUBPART 5317.78 — CONTRACTS OR DELIVERY ORDERS ISSUED BY A NON-DOD AGENCY

5317.7802 Policy.

This policy applies to all orders placed for supplies and services under non-DoD contracts.

5317.7802-1 Directed and Assisted Acquisitions.

Follow the Mandatory Procedures at MP5317.78, Proper Use of Non-DoD Contracts, for procedures for reviewing and approving orders placed for supplies and services under non-DoD contracts, whether through direct acquisition or assisted acquisition.

SUBPART 5317.95 — ASSOCIATE CONTRACTOR AGREEMENTS

5317.9500 Scope.

See Informational Guidance at IG5317.9500 for general guidance on use of Associate Contractor Agreements.